In the field of labor law, the highlight of the month was the decision of the Higher Court of Labor that declared the inclusion of the period of due notice in counting the period of limitation to be unlawful, when the former is contested for reason of a claim of acknowledgement of employment ties.

Forest cover in PCA is not subject to damages

According to a ruling of the Higher Court of Justice, the forest cover in a permanent conservation area, as it is liable to economic exploitation by the owner, should not figure in the calculation of damages in the case of expropriation of the area. ( REsp nº 935888)

Limitation Period in Labor Law

The 6th Circuit of Higher Court of Labor Justice (TST), ruling on Review of Appeal n° 15074/2002-006-09-40.4, ruled for the non-inclusion of the period of due notice in counting the limitation period when this is contested by reason of an appeal for acknowledgement of employment ties. The justices considered that this does not contravene Jurisprudential Guideline n° 83, of the SDI – 1 of the TST, according to which “a limitation period comes into effect at the end of the period of due notice”, with the proviso that this ruling may not apply in cases of appeals for acknowledgement of employment ties.

A document downloaded from the Internet may not constitute proof of suspension of the deadline for lodging appeals

Undue award of danger money for those re-fuelling aircraft

In a ruling on Review of Appeal n° 1281/2003-029-04-00.9, the 4th Circuit of the Higher Court of Labor understood that there is no justification for paying additional danger money to a pilot who accompanies the re-fuelling of an aircraft from within the cockpit, even though he or she does supervise the operation outside on some occasions. Such circumstances would constitute only occasional contact with the hazardous substance, which does not entail the right to receive this benefit.

Regulation 463/08 promotes changes in Regulation 301/99

Bar on the use of injunctions overruling decisions of the STF

Habeas Data may be requested by third parties

In accordance with the ruling of the 5th Circuit of the Higher Court of Justice, a request for habeas data may be lodged by legitimate third parties to obtain information from others. Habeas data is a court order designed to uphold civil rights regarding databases, with the purpose of allowing registered information to be disclosed and when necessary corrected. (HD nº 147)

One partner may sue another without the signature of other shareholders

A limited company comprising partners may file a suit against one of their number, without the need for all shareholders to meet to take the decision. According to a ruling of the Higher Court of Justice, Articles 115 and 159 of Law no. 6,404/76 (the Shareholders Act), subsidiary application, establishes the need for shareholders to meet when the company has only two partners and one is barred from voting. (REsp nº 736189)

Tax cut for importers of pharmaceutical products

A ruling has been made on Ordinary Proceedings Action nº 2004.61.00031017-2, according to which the 13th Federal Court of the City of São Paulo reduced taxes on the import of products considered to be pharmaceutical in nature. The Brazilian Association for Pharmaceutical Products requested that a certain product not be taxed as a drug with common nomenclature throughout the Mercosur region, as it was not for sale to end-consumers. The decision was based on a technical report that found that the product was unfinished, thereby requiring further industrial processing.

Provisional Measure revokes downpayment on administrative social security funds

This month, article “A Lei de Falências e os créditos trabalhistas ” , written by attorney Milene Saraiva Sachs , may be found at www.trigueirofontes.com.br .

Trigueiro Fontes has a new look!

Trigueiro Fontes Advogados' new website is now online. It is a daring project, with more colors and more information for those who access the office's page on a daily basis. The site was designed by B4CONECT Tecnologia.

15 years of Trigueiro Fontes Advogados!

On 5 January 1993, Trigueiro Fontes Advogados was founded in the city of Natal in the State of Rio Grande do Norte. That was 15 years ago and, since then, offices have been opened in the cities of Recife (1995), Salvador (1997), Fortaleza (1999), Curitiba (2001), Brasília (2002), Porto Alegre (2005), São Paulo (2006) and Rio de Janeiro (2007). The company has 150 staff-members, a third of whom are qualified lawyers working in various areas of the law. Here's to another 15, 20, or 30 years! In the meantime, take a trip down memory lane by visiting our new Internet site and looking at some pictures of our old offices.